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Santander Consumer USA Charged with TCPA Violation
By Andrea Gressman
There has been a class action lawsuit filed against Santander Consumer USA for allegedly violating the Telephone Consumer Protection Act (TCPA) as well as the Fair Debt Collection Practices Act. The plaintiffs have also charged the company with breach of contract for allegedly charging improper fees.
Santander Consumer USA, according to their website, is “a leading company in the automotive finance sector.” However, the company has been accused of using “heavy-handed tactics” to get consumers to pay up on these loans, including allegedly violating the TCPA.
There are several federal laws that a debt collector must adhere to regarding their practices. One of these laws is the Telephone Consumer Protection Act, which prohibits companies from calling consumers on their cell phones using an automatic dialing machine (robo-dialer) or a pre-recorded message without their permission.
Plaintiffs in the Santander Consumer class action lawsuit accuse the company of making repeated and even harassing calls to their cell phones in violation of the TCPA.
If you have dealings with Santander Consumer and believe they are violating the Telephone Consumer Protection Act, you should contact a TCPA lawsuit attorney right away. It is also suggested that you do not sign any agreements with the company until you have consulted a qualified attorney in order to protect your interests.
Each call the company places to you in violation of the TCPA can mean a penalty at the minimum rate of $500 for each call. This can add of very quickly to a sizeable sum.
It is important that you keep any and all records that you have of these phone calls, including any recordings on either your cellphone or home phone – especially any harassing messages you may receive. It has also been advised by some familiar with the TCPA to record your conversation with the company and specifically tell they are no longer allowed to call you. However, it is advisable to speak with a qualified attorney before you go any further with any actions.
If you believe that you have been the victim of a Telephone Consumer Protection Act (TCPA) violation visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation right away to learn more about your options. You may have a lawsuit to seek compensation through a TCPA class action settlement.
Updated February 18th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
74 thoughts onSantander Consumer USA Charged with TCPA Violation
I bought a car from Roper KIA in Joplin, MO in October 2012 and it was all good. I called them to kinda see where I was with my pay off. I check on my principle balance and they said that I owed 18,495 and this was July 2013. I sent a payment in (money order) and forgot to rip off the money order receipt. They called and called and called. every time I asnwered the phone, the the line went dead. I called them to find out what they needed and they stated that they never got my payment. I took responsibility for my part and told them that as long as they could work with me, I would be okay to make the payment. I called the the other day (8/20/13) they told me that I needed to pay up as the late fees were going to get me. I aske3d what they were talking about and they stated that I owed over $1300 for this months payment. I got really upset and asked what is owed on the car to see if any of my payments are going torward principle and they were not. I Financed $18,850 and I now owe $18,990 on the car. WTH are we going to do about this company. I signed a contract with the dealership and they stated that the contract I signed was bought out by Santander and that there was nothing that they could do for me. They did offer to sell me another car. the payments would have been $150 more a month. My car will be repo’d and there is nothing I can do about it.
I bought a car from Roper KIA in Joplin, MO in October 2012 and it was all good. I called them to kinda see where I was with my pay off. I check on my principle balance and they said that I owed 18,495 and this was July 2013. I sent a payment in (money order) and forgot to rip off the money order receipt. They called and called and called. every time I asnwered the phone, the the line went dead. I called them to find out what they needed and they stated that they never got my payment. I took responsibility for my part and told them that as long as they could work with me, I would be okay to make the payment. I called the the other day (8/20/13) they told me that I needed to pay up as the late fees were going to get me. I aske3d what they were talking about and they stated that I owed over $1300 for this months payment. I got really upset and asked what is owed on the car to see if any of my payments are going torward principle and they were not. I Financed $18,850 and I now owe $18,990 on the car. WTH are we going to do about this company. I signed a contract with the dealership and they stated that the contract I signed was bought out by Santander and that there was nothing that they could do for me. They did offer to sell me another car. the payments would have been $150 more a month. My car will be repo’d and there is nothing I can do about it.
I purchased m y car threw santander 2010 and paid on my car for 2 yrs before I voluntarily turned it over. I realised there was a problem when I looked at my pay off online and in that two years I actually owed more for my vehicle than when I originally purchased it. I found out that the purdum on the financed loan calculated to be $10.5 a day my car note was 389.23 so in a 31 day month I was only paying 63.98 towards my principle the rest went in there pocket. There late fees would eat that up and then some. Have you ever heard the “The song that never ends” well this for me would have been the car not that never ends .
I purchase a car in 2007, paid 10,000 deferred only two payments during the length of my five year loan paying $ 295 a month.Santander claim I missed payments and took my car, I paid the balance in full got the car back and two months later, they auctioned it off within 24 hours, which I know is illegal. They claimed I owe all this back interest. I hope it’s not too late to get involved in a class action suite, something has to be done to put this predatory lending company out of business, and get back what is rightfully owed.
I purchased m y car threw santander 2010 and paid on my car for 2 yrs before I voluntarily turned it over. I realised there was a problem when I looked at my pay off online and in that two years I actually owed more for my vehicle than when I originally purchased it. I found out that the purdum on the financed loan calculated to be $10.5 a day my car note was 389.23 so in a 31 day month I was only paying 63.98 towards my principle the rest went in there pocket. There late fees would eat that up and then some. Have you ever heard the “The song that never ends” well this for me would have been the car not that never ends .
Santander is claiming I am personally responsible for the balance of an RV loan they bought from GE credit who bought from Thor financial and was taken out and titled in the name of an LLC.
My car should of been paid off in 2011 & here it is 2013. Citi should be held responsible I have never been late on a payment ever.Per an Attorney I talked to they are out of Mexico. Why should we have to hire Atty’s? Why isn’t the Attorney General Office stepping in?
Santander just took our vehicle today for the same thing #3 is complaining about. My loan should have ended last year in June, but they told me also, that I owed fees at the end of the contract so I could continue to pay monthly. Here we are a year later, and they say I still owe $3600. There is no way this can be true. A vehicle that was supposed to cost $17,000 is now up to almost $33000, and I still owe? No way. Something needs done with them immediately!
Sue them just as I have. That’s all they seem to understand.
I purchased my car in 2010 for 16000. It’s now 2014 and they tell me I owe 14000. How can this be? They are bleeding so many people with these fees and the number of phone calls are crazy! Ms B who is your lawyer and how can I contact them? Santander consumer is the worst. I need to know how to put my name on the Class Action suit.
Hi,
I read your comment. And I’m surrently going through the same thing as the others who started with Citi Financial.
How did you sue them?
I mean did you join a class action suit or sue them separately?
Ms . B when you sues them, what was the outcome?
We have being paying on a car for going on 7years now. We were supposed to be finishing paying for the car next month( June 2013), when we talked to santander in January 2013. However, when we talked to them yesterday (5/23/13), they said we owed another year due to last fees and interest. How can any company get away with this? We really need help, because this is not right. Please help us. Need to get a lawyer right away. All payments have been throught our checking account, so we can get a bank statement with every payment ever made. Also we have a copy of bills they have sent, which changes every few months even know payments have been made. We have documents, but now we are looking for an attorney to take our case. Please contact asap. Thanks for you help in this matter.
My girlfriend has a loan that was sold to santander by citi. Citi should be held responsible for selling their loans to a known predatory lender. We are negotiating with a dealership to get the payoff amount as her trade in and get a new car for her financed through the manufacturer. After tonight no more santander except for our lawyer adding her to the class action law suit. I’d like to see where in any loan contract it states that if the loan is sold to a third party the third party can triple your interest rate and charge 100 dollar late fees starting on the due date of the loan. Summary she financed 16000 in 2007 and made payments of 340 since then and santander states she still owes over 7k. if you are going through santander you might as well charge a vehicle to visa or mastercard the interest rates are the same.
I have been harassed by Santander consumer usa by telephone for they would even call my job if I didnt answer my cell or coulnt answer my cell every few mins until I got off work. If I was one day late which my contact says I got 10 days to do so. They would even have the car dealer call me checking on me also. I dont think they are register with the state of Oklahoma to even do loan contacts. There interest is up and beyond the states laws. they need to be stopped.